Terms of Service

Please read these Terms of Service carefully before using the website located at pizzimoss.click or placing any order through our platform. By accessing or using our website and services, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Imos Pizza ("Company," "we," "us," or "our"), the operator of the website pizzimoss.click (the "Website") and all related food ordering and delivery services offered therein.

By accessing, browsing, or using this Website, placing an order, creating an account, or otherwise engaging with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately cease using this Website and our services.

These Terms apply to all visitors, users, customers, and others who access or use our Website and services, whether for personal or commercial purposes. Your continued use of our Website following the posting of any changes to these Terms constitutes acceptance of those changes.

You represent and warrant that you are at least 18 years of age, or if you are between 13 and 17 years of age, that you have obtained the consent of a parent or legal guardian to use this Website. Persons under the age of 13 are strictly prohibited from using this Website.

2. Description of Services

Imos Pizza provides food-related services including, but not limited to, the following:

• Online Food Ordering: Customers may browse our menu, customize food items, and place orders for pickup or delivery through our Website.
• Delivery Services: Where available, we offer delivery of food items to addresses within our designated service areas. Delivery availability, fees, and estimated delivery times may vary based on location, time of day, and other operational factors.
• Carryout/Pickup Orders: Customers may place orders online for in-store or curbside pickup at participating locations.
• Catering and Group Orders: We may offer catering services for events, parties, and group dining. Separate terms and conditions may apply to catering orders.
• Promotional Offers and Loyalty Programs: From time to time, we may offer promotional discounts, loyalty rewards, or special offers subject to their own specific terms and conditions.
• Account Management: Registered users may create and manage personal accounts to track orders, save preferences, and access exclusive offers.

We reserve the right to modify, expand, limit, or discontinue any of our services at any time, with or without prior notice, at our sole discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

The availability of menu items, pricing, and services may vary by location and is subject to change without notice. All orders are subject to availability and confirmation. We reserve the right to refuse or cancel any order at our discretion, including orders that appear to have been placed fraudulently or in violation of these Terms.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise communicating with us.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Promptly notify us of any unauthorized use of your account or any other security breach at [email protected].
• Use the Website and services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of our Website and services.
• Ensure that all payment information provided is accurate, valid, and that you are authorized to use the payment method submitted.
• Be present or make appropriate arrangements to receive delivery orders at the address provided.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Website or services for any unlawful purpose or in violation of any federal, state, or local laws or regulations.
• Attempting to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, or any of our servers.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of our Website or any software used in connection with our services.
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, or any other form of solicitation.
• Uploading, transmitting, or distributing any computer viruses, worms, malware, or any other harmful software or code.
• Circumventing, disabling, or otherwise interfering with security-related features of the Website.
• Collecting or harvesting any personally identifiable information from the Website, including account names and email addresses.
• Using the Website to conduct or promote any fraudulent, deceptive, or misleading activities.
• Placing false, duplicate, or fraudulent orders, or providing false delivery addresses or payment information.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
• Engaging in any activity that interferes with or disrupts the Website or the servers and networks connected to the Website.
• Using any automated data collection methods, including robots, scrapers, spiders, or similar data mining tools on the Website without our express written consent.
• Reselling, sublicensing, or commercially exploiting any content or services obtained through our Website without our written authorization.
• Engaging in any form of systematic retrieval of data or other content from our Website to create a collection, compilation, database, or directory without our written permission.

We reserve the right to investigate and take appropriate legal action against anyone who violates these prohibitions, including removing any offending content, suspending or terminating the accounts of violating users, and reporting such activities to law enforcement authorities.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the compilation thereof — are the exclusive property of Imos Pizza, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, service marks, trade names, logos, and trade dress may not be used in connection with any product or service without the prior written consent of Imos Pizza. All other trademarks not owned by us that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for your personal, non-commercial use in connection with placing orders and using our food services. This license does not include:

• Any resale or commercial use of the Website or its contents.
• Any collection and use of any product listings, descriptions, or prices.
• Any derivative use of the Website or its contents.
• Any downloading or copying of account information for the benefit of another merchant.
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use terminates the permission or license granted by us. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your web browser for display enhancement purposes.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices for menu items are as listed at the time of your order. Additional charges may apply including, but not limited to, applicable sales taxes, delivery fees, service fees, and any applicable gratuity.

5.2 Payment Methods

We accept various forms of payment as indicated on our Website at the time of checkout, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other digital payment methods. By submitting your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including all applicable taxes and fees.

5.3 Order Confirmation

An order is not accepted or confirmed until you receive an order confirmation from us. We reserve the right to refuse or cancel any order for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, or errors in your order.

5.4 Refunds and Cancellations

Refund and cancellation policies are as follows:

• Once an order has been accepted and preparation has begun, cancellations may not be permitted.
• If you receive an incorrect or unsatisfactory order, please contact us immediately at [email protected] so we may address the issue.
• Refunds, if applicable, will be processed through the original payment method within a reasonable timeframe.
• We reserve the right to issue refunds or credits at our sole discretion.

5.5 Taxes

You are responsible for all applicable taxes associated with your order. We will collect and remit sales taxes as required by applicable law. Tax rates may vary based on your location and the items ordered.

6. Disclaimers and "As-Is" Basis

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IMOS PIZZA DOES NOT WARRANT THAT:

• THE WEBSITE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
• ANY ERRORS OR DEFECTS WILL BE CORRECTED;
• THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS;
• THE CONTENT ON OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Allergen and Nutritional Information Disclaimer: While we endeavor to provide accurate allergen and nutritional information for our menu items, we cannot guarantee that our food products are free from all allergens. Our kitchen handles common allergens including gluten, dairy, eggs, nuts, soy, and others. If you have food allergies or dietary restrictions, please contact us directly before placing an order. We shall not be liable for any adverse reactions resulting from allergen exposure.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMOS PIZZA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE;
• YOUR CONSUMPTION OF FOOD PRODUCTS, EXCEPT WHERE SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED BY LAW.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Imos Pizza, its affiliates, licensors, service providers, employees, officers, directors, agents, contractors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or services in a manner not authorized by these Terms;
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or proprietary rights;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Any content you submit, post, or transmit through our Website;
• Any fraudulent, false, or misleading information you provide to us;
• Your negligence or willful misconduct.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or formation shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which our principal place of business is located, without regard to conflict of law provisions.

These Terms are also subject to applicable federal law, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices, and any other applicable federal consumer protection laws.

To the extent any court action is permitted under these Terms, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States for the resolution of any disputes. You waive any objection to the exercise of jurisdiction over you by such courts and to the venue of such courts.

The Website may be accessed from other locations outside the United States. If you access the Website from outside the United States, you are responsible for compliance with local laws where applicable.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute informally by contacting us at [email protected] with a written description of your complaint. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within that period, either party may proceed with formal dispute resolution as described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for small claims court and claims involving our intellectual property rights, all disputes, claims, or controversies arising out of or relating to these Terms, our Website, or our services shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration shall be conducted on an individual basis, and you agree that you may not bring any claim as a class action, collective action, or representative action. YOU AGREE THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights.

10.4 Time Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR WEBSITE AND SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Term and Termination

11.1 Term

These Terms of Service become effective on the date you first access or use the Website and shall remain in full force and effect for as long as you continue to use the Website or our services, unless earlier terminated in accordance with these Terms.

11.2 Termination by You

You may terminate your account or cease using our services at any time by contacting us at [email protected] and requesting account deletion. Your obligation to pay for any orders placed prior to termination shall survive such termination.

11.3 Termination by Us

We reserve the right to terminate or suspend your account and access to our Website and services immediately, without prior notice or liability, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Your engaging in any fraudulent, abusive, or illegal activity;
• Conduct that we determine, in our sole discretion, to be harmful to other users, us, or third parties;
• Requests by law enforcement or government agencies;
• Discontinuation or material modification of our services;
• Unexpected technical or security issues or problems.

11.4 Effect of Termination

Upon termination, your right to use the Website and services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through a prominent notice on our Website.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Website or services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the updated Terms, you must stop using our Website and services immediately.

We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the Terms of Service then in effect.

13. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or content that are not owned or controlled by Imos Pizza. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

14. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms of Service by reference, describes how we collect, use, and share information about you when you use our Website and services. By using our Website and services, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent applicable, if you are a resident of California, your use of our Website is also subject to your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further detailed in our Privacy Policy.

15. Electronic Communications

By using our Website and services, you consent to receive electronic communications from us. These communications may include notices about your account, order confirmations, promotional information, and other information concerning or related to our services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including requirements that such communications be in writing.

16. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure arises from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labor disputes, utility failures, government actions, or internet service interruptions. In such events, our obligations will be suspended for the duration of the force majeure event.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Imos Pizza with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and services.

No failure or delay by us in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

18. Severability

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

The invalidity or unenforceability of any particular provision of these Terms shall not affect the other provisions hereof, and these Terms shall be construed in all respects as if such invalid or unenforceable provision was omitted. Furthermore, in lieu of such invalid, illegal, or unenforceable provision, there shall be added automatically as part of these Terms a provision as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and be valid, legal, and enforceable.

19. Waiver

No waiver by Imos Pizza of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Imos Pizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. Any purported assignment without such consent will be null and void. We may freely assign or transfer these Terms or any of our rights or obligations hereunder to any affiliate, successor, or acquirer without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.

21. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service or our Website and services, please do not hesitate to contact us using the information below:

We will make every effort to respond to your inquiries within a reasonable timeframe. For order-related issues, please include your order number and relevant details in your communication to help us assist you more efficiently.